NC0020354_Remission Request_19980831

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. Walter F. Harris,
Town of Pittsboro
P. O. Box 759
Pittsboro, NC 27312
Dear Mr. Harris:
Town Manager
August 31, 1998
A4
D E N R
Subject: Remission Request of
Civil Penalty Assessment
Town of Pittsboro
Chatham County
File No. LM 98-006
NPDES Permit Number NCO020354
This letter is to acknowledge your request for remission of the civil penalty levied against
the subject facility. Your request will be placed on the agenda of the Director's next scheduled
enforcement conference and you will be notified of the results.
If you have any questions about this matter, please do not hesitate to contact Bob Sledge
at [phone], extension 233.
Sincerely,
/g -
Susan A. Wilson, Supervisor
Point Source Compliance/Enforcement Unit
cc: Regional Office Wattachments
Enforcement/Compliance Woriginals
\,Central-Files-Wattacli iierits;
Enforcement File w%2 attachments
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper

SEP 14 93

02)C)
LAW OFFICES
OF
GuNN & IAESSICK
121 HILLSBORO STREET
ROBERT L. GUNN PITTSBORO, NORTH CAROLINA 27312 TELEPHONE [phone]
PAUL S. MESSICK. JR POST OFFICE BOX BBO FACSIMILE [phone]
August 21, 1998
Ms. Coleen Sullins
Water Quality Section Chief
Division of Water Quality
P.O. Box 29535
Raleigh, NC 27626-0535
Re: Assessment of Civil Penalties for Violations of NC Gen Stat. § 143-215.1(a)(6)
Town of,Pittsboro, Chatham County, File No. LM -98-006,
NPDES Permit No. NCO020354
Dear Ms. Sullins:
On behalf of the Town of Pittsboro please accept this letter as a request for remission or
mitigation of the civil penalties assessed by letter dated July 24, 1998. This request is made
upon the following grounds:
A) That one or more of the civil penalty assessment factors in Gen. Stat. 143 -2B -
282.1(b) were wrongfully applied to the detriment of the Town;
B) The Town promptly abated continuing environmental damage resulting from the
violation;
C) The violation was inadvertent or a result of an accident;
D) The payment of the civil penalty will prevent payment for remaining necessary
remedial actions.
In support of this request, I have attached a copy of a letter dated April 24, 1998
addressed to Mr. Kenneth Schuster together with an affidavit from John Poteat, the Town of
Pittsboro Waste Water Superintendent and ORC. The affidavit specifically addresses the
findings and conclusions of law in the file and supports the Town's request for remission.
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AUG 2 61998
VVA i'ER QUALITY
SECTION

SEP 14 93

If there are further questions concerning this matter, please advise.
Very truly yours
GUNN & MESSICK
Paul S. Messick, Jr.
PSMJr/rung
Enclosures

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STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
COUNTY OF CHATHAM
IN THE MATTER OF ASSESSMENTS )
OF CIVIL PENALTIES AGAINST ) AFFIDAVIT
PERMIT NO. NCO020354 )
The undersigned, being first duly sworn, deposes and says:
1) He is the ORC for the Town of Pittsboro Wastewater Treatment Facility
2) He has personal knowledge of the facts and circumstances set forth herein.
3) This affidavit is submitted in support of the Town of Pittsboro's request for remission or
mitigation of administration penalties levied July 24, 1998
4) The following responses correlate to the lettered conclusions of law contained in Case
No. LM -98-006:
i) Conclusions # D and G.
As was previously stated in the compliance inspection reply, to DENR dated April 24,
1998, from the March 12, 1998, we have had problems with our UV System for the past year and
1\2. During that time, we have done everything in our power to get the system running again.
The operators at the plant were performing constant maintenance on the system to keep the system
in compliance. After we realized that the system required more maintenance than we could
handle, we called, with the suggestion of our engineer, Piedmont Chlorinators to rebuild the
system. The call was made in August 1997 and they sent someone out at the beginning of
September to look at the system and give us a cost estimate on repairing it. We did not hear from
them again until October. The representative from Piedmont Chlorinators stated that it might not
be cost effective to rebuild the system. At the time, we had money in the budget for a new
system, but the time it would take to install a new UV, it would take too long to get the system
back into compliance. After discussing this with the Town's contract engineer, we decided to
order new UV racks and upgrades for our present system. This would be the most cost effective
and timely thing to do. We ordered the system at the end of November 1997. It was not received
until February 1998. It was installed on February 15, 1998.
Although we were in Non-compliance most of the year for fecal, we were continually
working on the system and trying to find ways to meet our fecal limit. We have back-up
chlorination in at the plant but it was rusted out and unusable and we could not use chlorine sticks
because there was no place in the system that we could get the proper detention time.
We request remission of the above item because we promptly abated continuing
environmental damage by working on our old system so we could get some fecal kill to lessen the
impact on the environment. I also believe that payment of the civil penalty will prevent payment
for the remaining necessary remedial actions. We have the budgeted $15,000 for the replacement
of bank one of our UV System. We need bank two for backup. We think that our money would
be better spent on the backup bank to insure that this will not happen again. Bank number two is
now working and the fecals are below the limits.

H III dis

ii) Items E, F and H
We were out on BOD because of inflow\infiltration. With the extremely high flows, that
we get in the winter it is very difficult to meet our BOD and NH3 limits. We can meet the limits
most of the time but during high rain events, we sometimes exceed our BOD limits. We are
continually looking for inflow locations and we have $30,000 dollars budgeted for I&I work.
This should end our BOD and NH3 problems. _
We request remission on the above items because the violation was inadvertent and result
of an accident and payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
iii) Item I
The reason the temperatures were missed was that the ORC at the plant instructed that the
sampling frequency was lowered from daily to three times per week. When the sampling
frequency was lowered, the ORC instructed the operator collecting the samples that we only have
to sample three times per week. The operator collecting samples assumed that the monitoring for
temperature was lowered also, but everything was lowered with the exception of temperature.
The ORC discovered the mistake and it was corrected in January 1998. We also reviewed the
reports for 1997 and we counted that 61 temperatures were missing. This is 43 less than was
stated.
We request remission of the civil penalty assessment factors in G.S. 143B -282.1(b) were
wrongfully applied to the detriment of the petitioner, and the violation was inadvertent or result of
an accident.
iv) Item J, K, L, K AND N
An NH3 was collected on September 5, 1997 but the lab did not have it on their reporting
sheet. An influent and an effluent were collected but only the influent was on the sheet. We
contacted the lab and they are not sure what happened to it. The other NH3 was included in a set
of sampling data that the operator did not have in his file but the lab had a copy. Included in the
missing report were the BOD, TSS, NH3, and Fecal for the week of July 27, 1998. An amended
report was filed with DEHNR on August 3, 1998.
We request remission of the civil penalty because the violation was inadvertent or result
of an accident.
v) Items O, P, Q, R, S, T, U and V.
The operator collecting samples usually changes his sampling from winter to summer
when the contract lab sends the sample containers to coincide with the sampling frequency. The
lab was two weeks behind on the coolers so we did not switch from winter to summer until we
were already two weeks behind. The mistake was discovered and corrected right away.

SEP 98

accident.
We request remission of the civil penalty because the violation was inadvertent or result of an
z -:z) - '4�
John Poteat, Town of Pittsboro
Waste Water Superintendent and ORC
Sworn to and subscribed before me this day of August, 1998.
My Commission Expires: k b l3-D,�
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1/1 998 12:39
Page 3
4124/99
September IM
9195427109
TOWN OF PITTSBORO
IU system did not work atisfictot* hem the 1st Wad& the S& Repers were made to it an the 4th
and SdL Compliance, was attained on the 6th, however, dw levels rose agdn fivm the, 10th ter & the
30th d6no they were AM low overall.
October 1997
Camomm was maintained for the 1st Unuo the 3rd but the Ievds were spin high from the M
through the loth. Ana rep&= were made on the 9th and look the levels were low for the 13th and 14th
but agave were IUO the 16th through the 29th The ural was wotfmd an the 29th and the 3rd of
November.
PAGE 04
November 1997
Levels were still high the 3rd to the 6th. The same type of repirs woe mede with samples afterwards
being Iowa yet not as low as dmm& Adftmd iqpun were made and the readings were in comphawe
from the 17th through the 24th but routs was M pod on the 25th and 26&
R was at this time that the demston to r%dim the UV racks with ww emits was usaft.
December 1997
Readings were bi&and low far the attire mouth M&heading dates woe the 2n44th.10th,15th, 22nd,
sad 3lvL
Low reading were reported on the 3rd, 9th, 17th, 19th. 23rd. 29th, and 30dL Disassembly and rqxgn
was again done an the 15th gad 16th.
The staff is committed to Careful anendmi to the waddy results of the Discharge Mmftr* PMOU.
Then weddy rmMp am okabftd manually whereas the mauft reports we computer gmmft&
Another factor that comes udo play has been Wing to wad for the lab analysis reports which cream a
time US between when the sample is to and reports are generated and action can be vkm
PART 6
Hach was called to check the expiration data on the M buffers that we use foc calibradon. Those
buffers were received January of 1992. According to Hach the sheff life is 4 years. Now buffers were
ordecetl and all out of date tuffittv have been discarded.
4-151M
One of the dudes of the Operator in charge of coflacfin sample: igtorecord the tCW4MnUUMof both
composite =qft on a daily basis. The operator his been Maned that this is his req=dWity and he
leas begun torem thosetemperaturts. This also applies tothe collation afcompliances samples W
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1998 12:39 9195427109 TOWN OF PITTSBORO
compliance, most of those occurred %id" the IM year sztd are wr0 -11 k to the UV system problems.
That is tww operating within compliance.
pw S
4!' "S
We rtupecxfally megtteat that you reoottA' " rwommm ft , 1, , . ettsmt scdaa agj" the $M
I have bees s residem of Pitgboto for 23 yeses yet I am mw to the exwkaca; of town maaagaam
however ow of my top Fah is to soe that the itift namwo is invm" d to the highest kveh of service.
Any assistance and / or duaati m that could be Om by you would be portly apptwatW both by me orad
the tarn staff. eturn impwdm is ala months b
a dst m in evatoatlttb an* brat oar operation misfit have.
'Haat you for you ooasidetstioa. I halt ftrratd towost M with ym and your staff Io provide then
necessary aerviom to oar tvwnnmople. Pkase cull me at (919) $42.4621 or John Pftd at [phone]
for goestem or further comtnertts.
• Le - �srti� .•; •
Walter F. Harris
Town Manager
AJ4
Potent
Superideadeaa, Wamwater Treatment Plant
PAGE 06

6
08/21/1998 09:08 9195427109 TOWN OF PITTSBORO PAGE 04
STATE OF NORTH CAROLINA DEPARTMENT F NVN�ARTURAL RESOURCES
COUNTY OF Chatham
IN THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL. PENALTIES AGAINST ) ADMINISTRATWE HEARING AND
PERMIT NO. Nc oog m 54 ) STU" ATION OF FACTS
Fl3E NO. 98-006
Having been assessed Civil penalties totaling $16,995,43 for violations) as
set forth in the assessment document of the Director of the Division of Water Quality dated
July 24, 1998 V the undersigned, desiring to sock remission of the Civil
penalties, does bcrcby waive the right to an administrative hearing in the above -stated matter And does
stipulate that the facts m as alleged in the assessment document.
This the 21st day of August .19 98
TOWN OF PITTSBORO
Z'1-5 0, )c
BY
wetIi-•�• •NA -5
114
P.O. Box 759
Pittsboro, NC 27312

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